Sand and gravel excavations in a regulatory floodway, floodway fringe area, floodplains and erosion hazard areas including proposed operations and existing operations subject to permit renewal are subject to A.R.S. Section 11-830 and A.R.S. Section 27-1201, et seq, and are subject to the following provisions to the extent not inconsistent therewith A.R.S. Section 11-830 and A.R.S. Section 27-1201, et seq.:
A. Extraction of sand, gravel and other materials is allowed provided that excavations are not located nor of such depth, or width, or length, or combination of depth-width-length as to present a hazard to structures including, but not limited to, roads, bridges, culverts, and utilities, the banks of watercourses, other property, or adversely affect groundwater recharge.
B. Within a floodway area, there shall be no stockpiling of materials or tailings that may obstruct, divert, or retard the flow of flood waters except as reviewed and approved by the chief engineer on an individual floodplain use permit basis.
C. Excavations within a floodway area may be allowed only in those reaches of watercourses which have, at a minimum, a balanced sediment system, i.e., the sediment coming into the reach is equal to or greater than the sediment leaving the reach and the long-term sediment balance for the entire river system indicates that the stream channel will aggrade; or unless a reclamation plan is prepared and sealed by an Arizona registered civil engineer, approved by the chief engineer, and adopted by the board.
D. Due to the rapidly changing hydraulic characteristics of watercourses within the county, and the effects excavations have on these characteristics, floodplain use permits for excavations shall only be issued for a limited time period, not to exceed one year, subject to annual renewal and review by the chief engineer. Renewals will only be granted after receipt of a written statement, by the property owner or owner's representative, confirming that the sand and gravel excavations remain in compliance with the conditions of the previous floodplain use permit, current floodplain conditions and all current related floodplain management regulations.
E. In addition to those conditions provided for elsewhere, floodplain use permits for excavations may impose sites specific conditions based on a technical analysis of a flood hydraulic and sediment transport regarding the area and location in which excavations are allowed, the maximum amount of material to be excavated, and other reasonable restraints on the methods of operating in relationship to floodplain conditions.
F. Any extraction of sand and gravel, or related materials within a floodway area, floodway fringe area, floodplain, and associated flood erosion hazard area shall be allowed after the effective date of the ordinance codified in this title only if a mining reclamation plan is also provided for the extraction operation. The mining reclamation plan shall show in sufficient detail the actions that are proposed for the excavated areas so that all adverse effects of extraction are mitigated. The plan shall also contain a timetable for accomplishing reclamation as appropriate to the overall lateral extent and depth of the excavation, floodplain and channel conditions, adjacent land-uses, and associated flooding and erosion hazards.
G. The county may charge permit and inspection fees, as appropriate, to recover costs associated with monitoring the sand and gravel extraction operation, plus a reasonable estimate of administrative costs and expenses that would be incurred by the county in doing so. Fees shall be adopted by resolution of the board as provided within A.R.S. 48-3603.E. The chief engineer may require a hydrologic, hydraulic, and geomorphic analyses that address the existing conditions, as well as the impacts that would occur under the proposed method of operation.
H. The board may grant appeals and variances as provided by Chapter 16.56 of this title.
(Ord. 2005 FC-2 § 2 (part), 2005)